Carriage of Dangerous Goods by Road Act, 1998

Permanent
Page URL

8.—(1) Where transport equipment is being used, has been used or is intended to be used by any person, or is under the control of any person in the carriage of dangerous goods by road, in a manner which, in the opinion of an inspector or member of the Garda Síochána, constitutes a danger to safety on a public road, the inspector or member may serve on the person a notice (a “prohibition notice”) signed by the inspector or member—

(a) stating that the inspector or member is of that opinion,

(b) specifying the matter which in his or her opinion gives rise or is likely to give rise to the danger,

(c) where in his or her opinion the matter involves or will involve a contravention of this Act or the regulations made under section 17, stating that he or she is of that opinion, specify the provision about which he or she is of that opinion, and giving particulars of the reasons why he or she is of that opinion, and

(d) directing that the transport equipment to which the notice relates shall not be used in the carriage of dangerous goods by road by or under the control of the person, nor by or under the control of any person, unless the matters specified in the notice in pursuance of paragraph (b) and any associated contravention of a provision so specified in pursuance of paragraph (c) has or have been remedied.

(2) A prohibition notice shall take effect immediately it is received by the person on whom it is served.

(3) A prohibition notice shall not apply to the removal of the transport equipment to a place of safety under such conditions as the inspector or member of the Garda Síochána serving the notice may specify in writing.

(4) A person aggrieved by a prohibition notice may, within the period of 7 days beginning on the day on which the notice is served on him or her, appeal to a judge of the District Court, in the district court district in which the notice was served, against the notice and in determining the appeal the Court may—

(a) if satisfied that in the circumstances of the case it is reasonable to do so, confirm the notice, with or without modification; or

(b) revoke the notice.

(5) The bringing of an appeal against a prohibition notice in accordance with subsection (4) shall not have the automatic effect of suspending the operation of the notice, but the appellant may apply to the Court to have the operation of the notice suspended until the appeal is disposed of and the Court may, if it thinks proper to do so, direct that the operation of the notice be suspended accordingly.

(6) A person who appeals against a prohibition notice under subsection (4) or who applies for a direction suspending the operation of the notice under subsection (5) shall at the same time notify the inspector or member of the Garda Síochána, as appropriate, who served the notice, of the appeal or the application and the grounds for the appeal or application and the inspector or member shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal or the application.

(7) An inspector or a member of the Garda Síochána may revoke a prohibition notice.

(8) If transport equipment is used in contravention of a prohibition notice, the High Court may, on the application of an inspector or member of the Garda Síochána, by order, prohibit the continuance of such use.

(9) An application to the High Court for an order under subsection (8) shall be by motion and the Court, when considering the matter, may make such interim or interlocutory order (if any) as it considers appropriate and the order by which an application under this subsection is determined may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate.

(10) A person who fails to comply with a prohibition notice served on him or her shall be guilty of an offence and shall be liable—